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2009-27110 ResoRESOLUTION NO. 2009-27110 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO CONSIDER A PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," DIVISION 11, "I-1 LIGHT INDUSTRIAL DISTRICT," BY AMENDING THE LIST OF PERMITTED, CONDITIONAL AND PROHIBITED USES; AND BY AMENDING SECTION 142-487 "SETBACK REQUIREMENTS." WHEREAS, the residents of the Sunset Harbor neighborhood are concerned that uses in the I-1 Urban Light Industrial District may have an adverse impact on their quality of life; and WHEREAS. the Land Use and Development Committee discussed the I-1 Urban Light Industrial district in the context of the Sunset Harbour neighborhood and directed staff to address resident's concerns about incompatible uses by amendments to the existing district regulations; and WHEREAS. Planning Department staff held a community workshop meeting with Sunset Harbour residents, and has crafted a proposed ordinance amendment reflecting the consensus reached with regard to the various uses which would be permitted in the district. NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMM/SSlON OF THE CITY OF MlAM/ BEACN, FtORIOA, that a first reading public hearing shall be held on September 9, 2009 to consider the proposed amendment to the Land Development Regulations of the City Code. PASSED AND ADOPTED this 15rh day of •tl=1y .2009. ATT ST: M O ~~~~~~ ~~~~) ~~~ Mstti Herrera Bowez CITY CLERK {~ APPROVED AS Robert Parcher TO FORM & LANGUAGE & FOR EXECUTION City Attorney ~ Date F.tPLAN'•$PLB'drafl ortlinancest1937 - I-1 Urcan Light Indcstnal -phase 2'•.Reso selling puol'.c ieanngdocx COMMISSION ITEM SUMMARY Condensed Title: A Resolution Setting A Public Hearing To Consider A Proposed Amendment Of The List Of Permitted, Conditional And Prohibited Uses; And B Amendin Section 142-487 "Setback Requirements." Ke Intended Outcome Su ported: Satisfaction with neighborhood character and quality of life Supporting Data (Surveys, Environmental Scan, etc Satisfaction with neighborhood character and quality of life ISSUe: Should the City Commission set the first reading public hearing to consider changes to the district re ulations for the I-1 Li ht IndusUial Zonin District. resolution would set the first reading public hearing for the proposed ordinance for the 2009 meeting. The proposed ordinance would change the permitted and conditional uses in this zoning disUict. Several of the more intense light indusVial uses that are currently permitted as of right; would now become conditional uses, subject to Planning Board review. Additionally, the list of permitted uses has been refined to reflect more modern uses typical in todays Miami Beach environment. The aggregation of lots resulting in developments on properties greater than 20,000 square feet would now also be subject to conditional use review by the Planning Board, in order to more fully review the effects of larger developments and lot aggregation. Finally, new residential uses could be introduced in the adaptive re-use of existing buildings. The Administration recommends that the City Commission set the first reading public hearing for the Adviso Board Recommendation: At the June 23, 2009 meeting the Planning Board by a vote of 6-0 (one member absent) recommended ado lion of the ro osed ordinance. Source of Amount Account Funds: ~ 2 3 OBPI Total Financial Impact Summary: Not Applicable Cit Clerk's Office Le islative Trackin Jorge Gomez or Richard Lofier Si n-Offs: De artment Dire Assis nt City Manager City Manager r=_ T:\4G A Wuly 151Consen etting ublic Hearing - 11 Light Industrial DisUicl sum.docx ---- --- - -- ~ m M I AM I BEAC H AGENDA ITEM G7Cr DATE 7~~~~J9 m MIAMIBEACH City of Miami Beach, 1766 Cenvemio•i Caner C/ve. Mio-i 5ao:h, florion 331?9. •.wrN.miembw.chll.gev COMMISSION MEMORANDUM To Mayor Matti Herrera Bower and Members of the City Commission rRUM: Jorge M. Gonzalez, City Manager DATE: July 15, 2009 (~~ ` SUBJECT SETTING OF THE PUBLIC HEARING Proposed Changes to the I-1 Urban Light Industrial District A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO CONSIDER A PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," DIVISION 11, "I-1 LIGHT INDUSTRIAL DISTRICT," BY AMENDING THE LIST OF PERMITTED, CONDITIONAL AND PROHIBITED USES; AND BY AMENDING SECTION 142-487 "SETBACK REQUIREMENTS." ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission set a first reading public hearing for the September 9, 2009 meeting. BACKGROUND Several months ago the Land Use and Development Committee discussed the I-1 Urban Light Industrial district in the context of the Sunset Harbour neighborhood. At that time the Committee discussed rezoning of the area. but ultimately decided to address resident's concerns about incompatible uses by amendments to the existing district regulations. To that end. Planning Department staff held a community workshop meeting with Sunset Harbour residents: and has crafted a proposed ordinance amendment reflecting the consensus reached with regard to the various uses which would be permitted in the district. ANALYSIS The proposed ordinance would change the permitted and conditional uses in this zoning district. Several of the more intense light industrial uses that are currently permitted as of right would now become conditional uses. subject to Planning Board review. Additionally. the list of permitted uses has been refined to reflect more modern uses typical in today's Miami Beach environment. The aggregation of lots resulting in developments on properties greater than 20.000 square feet would now also be subject City Commission Memorandum Setting Public Hearing - l-1 Light Industrial District July 15. 2009 Page 2 to conditional use review by the Planning Board: in order to more fully review the effects of larger developments and lot aggregation. Finally, new residential uses could be introduced in the adaptive re-use of existing buildings. LAND USE AND DEVELOPMENT COMMITTEE The Land Use and Development Committee referred an ordinance to make towing services conditional uses in the I-1 Light Industrial District to the Planning Board at its May 4, 2009 meeting. PLANNING BOARD ACTION At the June 23. 2009 meeting the Planning Board recommended that the City Commission adopt the proposed ordinance by a vote of 6-0 (one member absent). CONCLUSION The Administration recommends that the City Commission set a first reading public hearing for the September 9, 2009 meeting. Pursuant to Section 118-164(2) of the City Code, (2) when the proposed amendment changes the actual list of permitted, conditional or prohibited uses within a zoning category: the City Commission shall hold two advertised public hearings on the proposed ordinance. At least one hearing shall be held after 5:00 p.m. on a weekday. The first public hearing shall be held at least seven days after the day that the first advertisement is published. The second public hearing shall be held at least ten days after the first hearing and shall be advertised at least five days prior to the public hearing. The required advertisements shall be no less than two columns wide by ten inches long in a standard size or tabloid size newspaper, and the headline in the advertisement shall be in a type no smaller than 18 point. The advertisement shall be placed in a newspaper of general paid circulation in the city and of general interest and readership in the city. not one of limited subject matter. Immediately following the public hearing at the second reading, the City Commission may adopt the ordinance. An affirmative vote of five-sevenths of all members of the City Commission shall be necessary in order to enact any amendment to the Land Development Regulations. JMG/TH/JGGlRGL T'+AGENDAt2009Uu1y 15tConsent'Sethng Public Hearing - n t.ighl Industrial District memc.docx ORDINANCE NO_ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," DIVISION 11, "I-1 URBAN LIGHT INDUSTRIAL DISTRICT," BY AMENDING THE LIST OF PERMITTED, CONDITIONAL AND PROHIBITED USES; AND BY AMENDING SECTION 142-d87 "SETBACK REQUIREMENTS;" PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the residents of the Sunset Harbor neighborhood are concerned that uses in the I-1 Urban Light Industrial District may have an adverse impact on their quality of life; and WHEREAS, the Land Use and Development Committee discussed the I-1 Urban Light Industrial district in the context of the Sunset Harbour neighborhood and directed staff to address resident's concerns about incompatible uses by amendments to the existing district regulations; and WHEREAS, Planning Department staff held a community workshop meeting with Sunset Harbour residents. and has crafted a proposed ordinance amendment reflecting the consensus reached with regard to the various uses which would be permitted in the district. WHEREAS, the amendments set forth below are necessary to accomplish all of the above objectives. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Section 1. That Chapter 142, "Zoning Districts and Regulations," Division 11, "I-1 Light Industrial District," is hereby amended as follows: DIVISION 11. I-1 LIGHT INDUSTRIAL DISTRICT Sec. 142-481. Purpose. The primary purpose of the I-1 urban light industrial district is to permit light industrial uses that are generally compatible with one another and with adjoining residential or commercial districts. Uses that are compatible and complement light industrial uses, such as a limited range of offices, and commercial uses shall also be permitted. This district shall not include any residential uses, except as provided for herein. Sec. 142-482. Main permitted uses. The main permitted uses in the I-1 urban light industrial district are those uses that are consistent with the district purpose including the following: (1) Assembly or packaging of goods not utilizing heavy machinery. including food and beverage products. small electronics, watches, jewelry, clocks, musical instruments. and products from previously prepared materials (cloth, leather, canvas, rubber, etc.); (2) Light manufacturing, not utilizing heavy machinery, including: ceramic products, glass products, hand tools, and electronic equipment; (3) Professional, business, research or administrative offices, either as a main permitted use or as part of a permitted light_industrial use; (4) Printing, engraving, lithographing, media services and publishing~ot utiiizinq heavy machinery; (5} Wholesale businesses and sales, warehouses, mini and other storage buildings, and distribution facilities, except those storing or distributing flammable or explosive materials: (6) Ak~te+~ebile-servi -ding Hand car wash services, aufe repair; a+~d-tewing senriees; (7} ~•~ steep-~veldiag-sloop Artisan studios, including but not limited to crafts, furniture, cabinet and wood working shops, glass blowing and sirnilar shops; (8) Plumbing, electrical, air conditioning and other similar type shops, which may wholesale and store parts on site; (9) Tailoring services, including dry cleaning; (10) Main use parking garages and parking lots; (11) Utilities; (12) Landscaping services, including nursery facilities: (13) Commercial uses that provide support services to the light industrial uses and to the adjacent RM-3 residents, including retail sales, photocopying, coffee shop, standard restaurant, video rental, bank; (14) Marine-related uses (when located adjacent to waterfront areas); and (15) Residential uses including live-work units when included in rehabilitation of buildings existing as of the date of this ordinance (no new floor area may be added): and 2 (16) Any use similar and compatible to the uses described in this district and the district purpose as determined by the planning director. Sec. 142-483. Conditional uses. The conditional uses in the I-1 urban light industrial district are any use that includes the retail sale of gasoline automobile service stations, mechanical car wash facilities, auto repair, towing services; new construction of structures, as defined in section 114-1, of 50,000 square feet and over, which review shall be the first step in the process before the review by any of the other land development boards: machine welding and printing shops involving heavy machinery: recycling receiving stations; utilities; eetdeeF-entertainatent estabksh+x~ent; neighborhood impact establishment; epea--aiF-entertainment estaol;sn,n~;t. Sec. 142-484. Accessory uses. The accessory uses in the I-1 urban light industrial district are as follows: Those uses customarily associated with the district purpose. (See article IV, division 2 of this chapter). Sec. 142-485. Prohibited uses. The prohibited uses in the I-1 urban light industrial district are accessory outdoor bar counters, bars, dance halls, or entertainment establishments (as defined in section 114-1 of this Code) and all residential uses, except as provided for herein. Sec. 142-486. Development regulations. There are no lot area, lot width or unit area or unit size requirements in the I-1 light industrial district. The maximum floor area ratio, building height and story requirements are as follows: (1) Maximum floor area ratio is 1.0. (2) Maximum building height is 40 feet. (3) Maximum number of stories is four. (4) Minimum and average apartment unit size shall follow the CD-2 development regulations. Sec. 142-487. Setback requirements. The setback requirements for the I-1 light industrial district are as follows: (1) Front yard: 20 feet when abutting a residential district, otherwise none 3 (2) Side yard, interior: Ten feet when abutting a residential district, otherwise none. (3) Side yard, facing a street: Ten feet when abutting a residential district, otherwise none. (4) Rear yard: Ten feet when abutting a residential district, otherwise none. SECTION 3. REPEALER. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and the same are hereby repealed. SECTION 4. CODIFICATION. It is the intention of the City Commission, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach as amended; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 5. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED and ADOPTED this day of , 2009. MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM AND LANGUAGE & FOR EXECUTION First Reading: April 16, 2008 Second Reading: June 25. 2008 City Attorney Date Verified by: Jorge G. Gomez. AICP Planning Director Underscore denotes new language F.WLANISPLB`.drafl ordlnances'd 937 - 14 Urban Light IntlusUiaf -phase 2'~Arak I-1 ordinance 06-08-09 rg7.docx